Appealing Denied V.A. Benefit Claims

About Appealing Denied V.A. Benefit Claims

CAN I APPEAL IF MY APPLICATION FOR BENEFITS IS DENIED?

Yes. Like other federal benefits programs, decisions of the Veterans Administration concerning benefit eligibility can be appealed. The Veteran files a VA claim at a regional VA office. If the Veteran does not like the results, s/he can file a Notice of Disagreement (NOD).

After the VA receives the Notice of Disagreement, the VA may ask the Veteran if s/he would like a re-review of the case by the Regional Office or the Veteran can appeal to the Board of Veteran Appeals (BVA). If the Veteran is still unhappy with the decision s/he can file an appeal with the Court of Appeals for Veterans Claims (CAVC). Certain cases qualify for Federal Circuit Court review.

A Veteran has an absolute right to retain an attorney to represent him or her before the Department of Veterans’ Affairs. A Veteran can be represented by counsel once he or she receives the denial for VA benefits.

1-800-LAW-FIRM does not require any up front payment for representation and we only receive a fee if we are successful with your appeal. Our standard contingency fee for VA Disability representation at the Regional Office level (RO) or Board of Veterans Appeals (BVA) is percentage based of the back benefits. At the Court of Appeals for Veterans Claims (CAVC) the VA pays all the legal fees.

Our fees are paid from the benefits that the Veteran should have received, but did not.

There is no legal fee for future monthly benefits awarded. Simply put, our office earns no money and does not get paid unless recovery is actually received by the Veteran.

HOW LONG IS THE APPEAL PROCESS?

The process can be long and involve many appeals. The amount of time varies based upon the status of the Veterans Administration claim process and the agreement or disagreement with various decisions.